Bill to End Discrimination Against Houses of Worship Moves One Step Closer to House Vote

Language allowing houses of worship to receive vital federal disaster assistance was included in the Disaster Recovery Reform Act (HR 4460), which passed out of the Transportation and Infrastructure Committee on Thursday by a voice vote.

"We are thankful that critical language allowing disaster relief to go to churches, synagogues, and mosques was included in the disaster reform bill," Rep. Chris Smith (R-NJ), author of the original legislation giving churches access to the relief, stated.

"They have been centers of service for communities devastated by natural disasters, like after Superstorm Sandy in 2012, or Hurricane Harvey just this year, providing food, supplies, counseling and other aid despite often suffering damage to their own facilities; they should not be shut out of needed relief and should be treated like other non-governmental organizations."

The bill that was advanced on Thursday included the exact language from Smith's bipartisan bill The Federal Disaster Assistance Nonprofit Fairness Act of 2017 (HR 2405), introduced in May and co-sponsored by a bipartisan group of lawmakers.

That bill enabled houses of worship, currently shut out of receiving federal disaster assistance because of their religious status, to have equal access to this critical aid as secular groups have. Under the bill, FEMA would judge the eligibility of churches and religious groups for disaster relief as they would for all private-non-profits, regardless of their religious status.

"I am thankful that language was included to allow houses of worship to be eligible for disaster relief and emergency assistance on terms equal to others," Rep. Trent Franks (R-AZ), who co-sponsored HR 2405, stated. "In light of the numerous natural disasters that have blighted our nation during the last weeks, those communities affected rely on special assistance from Federal Emergency Management Agency (FEMA) funds to get back up and running. As it stands, FEMA discriminates against nonprofits that are religious in nature - churches and synagogues, for example - by denying them applications for grant funding to help them rebuild. Our religious communities are the backbone for charity and public service in our nation. They are our 'little platoons' ready to help the public in troubling times."

In September, Smith led other members of Congress in a letter to President Trump asking him to end FEMA's discriminatory policy. Recently, the Administration had expressed its support for this policy in its $44 billion request to House leadership for hurricane recovery efforts:

"In addition, the Administration notes its support for legislation that would make houses of worship eligible for disaster relief funding (provided they meet the other relevant criteria for private non-profit facilities) and offers technical assistance regarding the timeframe for applicability," Mick Mulvaney, director of the Office of Management and Budget, stated in a letter to Speaker Ryan.

Smith originally introduced the Federal Disaster Assistance Nonprofit Fairness Act of 2013 (H.R. 592) after Superstorm Sandy inflicted tens of billions of dollars of damage to the Northeast, and churches were barred from receiving FEMA assistance. A consortium of faith-based entities, including the U.S. Conference of Catholic Bishops, the Republican Jewish Coalition, Christian Legal Society, Agudath Israel of America, the International Conference of Evangelical Christian Endorsers, and the Union of Orthodox Jewish Congregations of America have publicly supported Smith's policy proposal. The bill passed the House overwhelmingly 354-72, before being held up in the Senate. In 2015, Smith reintroduced the act as HR 3066.

Recently, the Administration asked, in a letter to Speaker Ryan from Director of the Office of Management and Budget Mick Mulvaney, for Congress to include the policy language in supplemental hurricane relief. The language was included in the Disaster Recovery Reform Act (HR 4460) which was passed in the House Transportation Committee by a voice vote on Thursday.

On February 13, 2013, Smith gave a speech on the House Floor advocating for his bill in the months that followed Hurricane Sandy, explaining why FEMA's policy of barring houses of worship from disaster assistance was contrary to precedent of the government's treatment of religious groups.

An excerpt of the speech is below:

"It's unconscionable that foundational pillars of our communities damaged by Sandy--synagogues, churches, mosques, temples and other houses of worship--have been categorically denied access to these otherwise generally available relief funds.

"Madam Speaker, it's worth noting here that FEMA's discriminatory policy of exclusion is not prescribed by any law. Nothing in the Stafford Act or any other law, including the Hurricane Sandy Disaster Relief Appropriations Act, precludes funds to repair and to replace and to restore houses of worship.

"Indeed, the congressional precedent favors enacting H.R. 592, as there are several pertinent examples of public funding being allocated to houses of worship. For example, FEMA grants were explicitly authorized by Congress back in 1995 and provided to the churches damaged by the Oklahoma City terrorist attack, as my friend from West Virginia pointed out.

"The Homeland Security Department and UASI provides funding to houses of worship for security upgrades. The Interior Department provides funding to grants for historically-significant properties, including active churches and active synagogues. And the SBA provides low interest loans--no hint at all by anyone that there's an Establishment Clause issue.

"To continue to single houses of worship out for discrimination does not express government neutrality; it expresses government hostility. And there's no place for government hostility toward religion under our Constitution."